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rcpilot_971
01-21-2010, 2:13 PM
if you have a misdemeanor on your record and you have guns. do you just have to get them out of your house or do you have to turn them in to a gun dealer.

someone I know just got a misdemeanor on his record. and he said he has to get his guns out of his house. so he says he can just take them to a buddys house. is this true ? I think he just has hunting rifles and shotguns no handguns. I think he did say he had a SKS also Im not sure if there are registered or not may have been bought before 1991


Thanks Tim

M1A Rifleman
01-21-2010, 2:50 PM
Some misdomeaner convictions for assault do have a 10 year gun prohabition. I beleive simply removing the guns from the house may not be enough as an ownership transfer may be required. Suggest consulting with an Attorney.

CSDGuy
01-21-2010, 2:54 PM
Only certain misdemeanors are considered "prohibiting". Most of those result in only a 10 year ban at that! Domestic Violence is the only lifetime ban at the misdemeanor level that I can think of.

GrizzlyGuy
01-21-2010, 3:00 PM
If it is a prohibiting misdemeanor (not all are), then the prohibition is against a person that "owns, purchases, receives, or has in his or her possession or under his or her custody or control, any firearm" (from 12021 PC (http://law.onecle.com/california/penal/12021.html)). This means that the person must sell or otherwise transfer their firearms so that they no longer "own" them. Moving them outside of their house without transferring ownership to someone else is not sufficient.

HowardW56
01-21-2010, 3:10 PM
It doesn't have to be a prohibiting misdemeanor. It could be a condition of probation...

antonio
01-21-2010, 3:14 PM
+1 Howard

rcpilot_971
01-21-2010, 3:15 PM
Also can the person he gave the guns to get in any trouble ?

MudCamper
01-21-2010, 3:52 PM
Best solution is a parent/child transfer. Least legal hassle.

http://wiki.calgunsfoundation.org/index.php/FAQ#What_is_an_INTRAFAMILY_TRANSFER.3F

GrizzlyGuy
01-21-2010, 5:46 PM
Also can the person he gave the guns to get in any trouble ?

If that person is prohibited from possessing firearms, then they would both be in trouble. For handguns, the person would need a HSC and if he doesn't have one, that is more trouble.

Note also that without transferring ownership, it would effectively be a loan to that person. Loans have duration limits, the limits vary depending on the type of loan. See here: Loaning Questions (http://wiki.calgunsfoundation.org/index.php/FAQ#Loaning_Questions).

He needs to transfer ownership to someone else (possibly even a family member as MudCamper mentioned) for everyone to stay out of trouble.

rcpilot_971
01-21-2010, 6:11 PM
what about if there not registered bought before 1992 or when ever they started to register long guns ?

Librarian
01-21-2010, 8:06 PM
what about if there not registered bought before 1992 or when ever they started to register long guns ?

Long guns still are not registered.

But attempting to conceal ownership of firearms when one is a prohibited person (for any reason) is a Very Bad Idea.